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Reasons
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(영문) 의정부지방법원 2020.11.04 2019가합59691
건물인도
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1. The defendant shall deliver to the plaintiffs the real estate stated in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. In both weeks, D Ground E Condominium (hereinafter “E”) is a building for which F Co., Ltd. (hereinafter “F”) completed registration of initial ownership on October 26, 201.

The F, on the 25th of the same month, decided to trust E buildings to G Co., Ltd. (hereinafter referred to as “G”), and completed the registration of ownership transfer based on trust to G on the 26th of the same month.

B. On May 30, 2014, F entered into a lease agreement with the Defendant for lease deposit of KRW 222,200,000,000 monthly rent (excluding value-added tax), and KRW 5,80,000,000 from September 5, 2014 to September 4, 2019 (hereinafter “instant lease agreement”), and thereafter, the instant building was handed over to the Defendant around that time.

According to the instant lease agreement, the Defendant agreed to pay the late payment charge of 2% per annum to F when the payment of the rent is overdue, and thereafter, the Defendant and F exempted the rent for September 2014, but agreed to pay the late payment charge from October 2014 to the end of each month.

C. On May 10, 2018, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) purchased the instant building from G and completed the registration of ownership transfer based on the said sale on the 25th of the same month, and agreed between F and F on June 2018 to succeed to the status of lessor under the instant lease agreement from F.

Plaintiff

A on June 3, 2019, the Plaintiff B (hereinafter “Plaintiff B”) agreed to trust the building E, and completed the registration of ownership transfer on the ground of trust to Plaintiff B on June 11, 2019.

E. On July 26, 2019, Plaintiff A sent to the Defendant a certificate of content that the instant lease agreement was terminated on September 4, 2019, and that the instant building was handed over, and the said certificate of content was issued to the Defendant on July 29, 2019.

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